right of publicity
-
The Standing of an Exclusive Trademark Licensee (or not)
July 7, 2020: Updated to add footnote 2. Section 32 of the Lanham Act is for infringement of registered trademarks. The section says that the liability for infringement is to the “registrant.” That category undisputedly includes a successor-in-interest, such as an assignee. A minority of courts have also held that “registrant” encompasses an exclusive licensee,… Continue reading
-
Think of the Name
In transactional work, don’t think just about what you’re getting, but also what you don’t want the target to do in the future. Three family members with the surname Traeger had a business in wood pellet grills. They sold the business to plaintiff Traeger Pellet Grills. At least one of the Traeger family later joined… Continue reading
-
A House’s Right of Publicity
Photo by Julian Walker, licensed as CC-BY-ND Robinson v HSBC Bank USA is a case I characterize as a harm in search of a legal theory. You have some sympathy for the plaintiffs, but not every wrong suffered gets you legal relief. Plaintiff Douglass Robinson owns a much-photographed house in the Haight neighborhood of San… Continue reading
-
Zorro a Preview to Steamboat Willie?
There’s a somewhat puzzling complaint newly filed in the Northern District of California. Zorro Productions, Inc. (ZPI) filed an unfair competition suit against Mars, Inc., maker of M&M’s candies, and its advertising agency, BBDO Worldwide, Inc. The complaint alleges that ZPI is the owner of all rights, including without limitation, trademarks and trade dress, both… Continue reading
-
Estate of Saunders v Estate of Garcia
According to the complaint, Merl Saunders and Jerry Garcia performed together as the Merl & Jerry Band. It was a partnership with equal shares. The two created Master Tapes, which were jointly owned but in the Garcia estate’s possession. Jerry Garcia’s estate released the recordings on an album (left) entitled Pure Jerry: Jerry Garcia &… Continue reading
-
Who Owns Player Names and Statistics?
The NFL Players Association, through National Football League Players Inc., is a nonexclusive licensing entity for NFL players’ rights of publicity. CBS Interactive, which runs the web site CBSSports.com, did not believe that it needed a license to use player names and statistics for its fantasy football site, but, according to CBS Interactive, the NFLPA… Continue reading
-
Mrs. Butterworth’s Right of Publicity
In some jurisdictions the deceased have a right of publicity. Do you suppose Mrs. Butterworth does too? Continue reading
About Me
Learn more about me at my website, Chestek Legal
Recent Posts
Categories
- copyright
- domain name
- moral rights
- patent
- right of publicity
- social media
- trade dress
- trade libel
- trade secret
- trademark
- Uncategorized